Whether it can be presumed that registered power of attorney was duly stamped?

 Reverting to the registered General Power of Attorney, the same has been executed by the original Defendant No. 1 -predecessor in title of Respondent Nos. 1 & 2 (Defendant Nos. 3 & 4), in favour of Respondent No. 3 (Defendant No. 2). Being a registered document, in our opinion, the Trial Court was justified in observing that there is a legal, rebuttable presumption that the same has been duly stamped. As observed by the Trial Court, the question as to whether the document is hit by the provisions of the 1882 Act or the 1899 Act can be decided after the parties adduce oral and documentary evidence.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 18377 of 2017

Decided On: 04.07.2018

Ameer Minhaj Vs. Dierdre Elizabeth (Wright) Issar and Ors.

Hon'ble Judges/Coram:

Dipak Misra, C.J.I., A.M. Khanwilkar and Dr. D.Y. Chandrachud, JJ.

Citation: 2019(3) MHLJ 550

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What is basic concept of word 'duly stamped'?

When is an Instrument not 'duly stamped'? According to Section 2(e) of the Act, unless the context otherwise requires, 'duly stamped' as applied to an instrument, means that the instrument bears an adhesive or impressed stamps of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in the territories of the State of Karnataka. This would mean that to be 'duly stamped' an instrument should comply with three requirements : (i) the stamp must be of the proper amount; (ii) should bear the proper description of stamp; (iii) the stamp must have been affixed or used according to law for the time being in force.

Karnataka High Court

Huleppa Balappa Karoshi vs Sub-Registrar on 30 October, 1995

Equivalent citations: ILR 1995 KAR 3589, 1996 (5) KarLJ 605

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